The defendant is innocent.

On September 209, the Defendant: (a) received a request from B to lend KRW 100 million as security the underground floor D (hereinafter “instant real estate”) of the instant real estate in Seongbuk-gu, Sungnam-si, Incheon-si; and (b) made a false statement that “B is engaged in the construction business” to the victim E (e.g., the 52 years old) of the instant real estate. If F’s store, which is the wife B, is leased KRW 100 million as security, B would pay interest of KRW 3% (3 million) per month and have the principal repaid three months later.”

However, there was no intention or ability to pay the amount used because the defendant extended only one hundred million won to B on behalf of the victim, and delivered the remainder to B, and the defendant thought that he will use it individually, as well as that he bears a large number of debts, and thus, he was under the circumstance that he borrowed money from another person to repay another debt.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 95.2 million, excluding the interest accrued from the victim as the borrowed money from the victim to the G Union account in the name of the Defendant; (c) delivered KRW 37 million among them to B; and (d) acquired it by arbitrarily using the remainder of KRW 58.2 million.

Judgment

In fact, according to the evidence duly admitted and investigated by this court, the following facts are recognized.

On September 29, 2009, on the introduction of the defendant, the victim lent KRW 100 million (prepaid interest deduction of KRW 4.8 million) to the non-indicted B on December 28, 2009 and at 3% of the interest rate, and the defendant guaranteed the obligation to return the above borrowed money to the non-indicted B.

B, on the same day, set up a collateral with respect to the instant real estate owned by F as collateral against the obligation to repay the borrowed amount, the creditor H, the debtor B, and the maximum debt amount of KRW 200 million.

The Defendant, who borrowed money from the victim, is 4.8 million won as a prior interest.